SAN DIEGO–(BUSINESS WIRE)–Pacific Surf Designs, Inc. (“PSD”), the premier custom-designed surf simulator company, was awarded $145,459.18 in attorneys’ fees today from Whitewater West Industries, Ltd. (“Whitewater”), owner of Flowrider, Inc. and part owner of Murphy’s Waves, Ltd. The fees award in this instance was only for the portion of attorneys’ fees stemming from the appeal filed with the United States Court of Appeals for the Federal Circuit, which the appellate court ruled unanimously in favor of PSD on November 19, 2020 over a contractual dispute.
The award of $145,459.18 does not include the attorneys’ fees and costs contractually owed to PSD arising from the litigation associated with the lower court, the United States District Court, Southern District of California, which PSD estimates will exceed $1,500,000.00, with additional specificity to be determined later.
Whitewater and its controlled entities have not prevailed on any of the 5 lawsuits it has filed against PSD over the past 6 years. This does not include a pending case where PSD, now on the other side as plaintiff, alleges violations of the Federal Sherman Anti-Trust Act and the Federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act against Whitewater, CEO, Geoffrey Paul Chutter, Flowrider, Inc., Flowrider’s President, Marshall Myrman, Aquatic Development Group, ADG’s VP, David Keim, and Thomas Lochtefeld, CEO of Surf Loch LLC and Wave Loch, Inc. That suit alleges unlawful monopolistic conduct, unlawful agreements to restrain trade, illegal racketeering, and conspiracy. PSD alleges that defendants have built an illegal monopoly on the global sheet wave machine market and the U.S. municipal market – harming competition and charging higher prices which ultimately hurts consumers and taxpayers.
PSD is seeking damages in an amount subject to proof at trial, but believed to exceed $75,000,000, plus treble damages and attorney’s fees under the Federal Sherman Anti-Trust Act and RICO.
About Pacific Surf Designs
PACIFIC SURF DESIGNS, INC. design, manufactures, and installs the highest quality custom-designed surf simulators. Guinness World Record holder for tallest standing wave. Based in San Diego, CA.